
(Photo by Nathan Dumlao on Unsplash)
A judge in Montana has ruled that teen angst over the possibility that "climate change" may impact their lives is so important it overrides a state policy that energy decisions should not be made on that ideology, and it is being appealed.
The ruling came in a case brought by the Oregon-based Our Children's Trust which has brought similar complaints in every state, with most of the complaints failing.
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The rare victory in Montana came because the state's constitution says the state must supply to residents a "clean and healthful" environment, and the plaintiffs claim that oil and coal projects don't do that.
Internationally, a court said several years ago that the Netherlands must cut greenhouse gas emissions. In the U.S., the Supreme Court earlier rejected a case that Our Children's Trust was pushing, although two other lawsuits from the organization still are moving forward.
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Those are pending in Hawaii and Oregon.
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A report from Legal Newsline reported the judge decided in favor of a "passionate skier" who felt like "a part of him is lost" after a wildfire at one Montana location, a woman "who believes the deteriorating climate has hurt her ability to play competitive soccer," and another woman who wonders if having children "is an option in a world devastated by climate change."
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Lewis and Clark County Judge Kathy Seely said one part of the Montana Environmental Protection Act, limiting the influence of the green ideology on state actions, violates the state constitution's provision for that "clean and healthful" environment.
An appeal to the Montana Supreme Court is looming, and one of the questions that remains will be whether the 16 plaintiffs had standing to sue, and whether "political questions" should be part of the case.
The judge did reject the complaint's claim that the plaintiffs individually suffered damages.
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At issue were energy industry permitting decisions by the state.
The judge noted most of the injury from the situation to the plaintiffs involved "anxiety, despair and depression."
"Plaintiffs’ injuries will grow increasingly severe and irreversible without science-based actions to address climate change," the judge claimed.
The report explained that the skier, "'Badge,' for example, loves skiing but 'climate change is reducing Badge’s ability to participate in this important recreational activity.'"
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(Pixabay)
Other concerns cited by the judge were that Olivia Vesovich of Missoula "experiences bouts of depression when she thinks about the dire projections of the future" and Claire Vlases, a ski instructor, "said reduced snowfall is reducing her work days and ability to hike and practice cross-country running."
Lawmakers in the state limited consideration of both in- and out-of-state "climate effects" in permitting processes.
According to a report published at Fox News, the ruling applies only in Montana, one of a handful of states commenting on the environment in its Constitution.
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The report noted Sandra Zellmer, of the University of Montana Blewett School of Law, said the ruling would carry more weight if it is affirmed by the state Supreme Court.
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